HomeMy WebLinkAbout2005-2845 - Ordinance - 11/10/2005
ORDINANCE NO. 2845
AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART I:
PART 2:
PART 3:
That Chapter 3, "Building Regulations", of the Code of Ordinances of the
City of College Station, Texas, be amended as set out in Exhibit "A",
attached hereto and made a part ofthis ordinance for all purposes.
That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not less than Twenty Five Dollars
($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such
violation shall continue or be permitted to continue, shall be deemed a
separate offense. Said Ordinance, being a penal ordinance, becomes
effective ten (10) days after its date of passage by the City Council, as
provided by Section 34 of the Charter ofthe City of College Station.
PASSED, ADOPTED and APPROVED this 10th day of November, 2005.
APPROVED:
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SILVIA, Mayor
APPROVED:
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City Attorney -
EXHIBIT "A"
That Chapter 3, "Building Regulations", Section 2. "Right-of-way Maintenance" of the
Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a
new paragraph "N. Right-of-Way and Easement Abandonment" to read as follows.
"N. RIGHT-OF-WAY AND EASEMENT ABANDONMENT
(1) Criteria.
(a) The City Council of the City of College Station, at the request of
one or more underlying fee simple or abutting property owners, or
upon the City's own initiative, may, after holding a public hearing,
abandon an easement or right-of-way only upon affirmative
findings regarding the following criteria:
(i) That the abandonment will not result in property that does
not have access to public roadways or utilities.
(ii) That there is no current public need or use for the easement
or right-of-way.
(iii) That there is no anticipated future public need or use for the
easement or right-of-way.
(iv) That all public utilities have access to serve current and
future customers.
(b) In order to make the affirmative findings listed above, the City
Council may consider, but is not limited to, the following: the
proposed use of the property involved, existing uses of land in the
neighborhood, the utilities or roadways located in the easement or
right-of-way, the purpose of the easement or right-of-way, and the
probable effect of the abandonment upon the immediate
preservation of the order, public health, safety, convenience and
welfare of the community.
(2) Procedure to Request Abandonment.
(a) The City Council may consider a request to abandon an easement
or right-of-way to the underlying fee simple or abutting property
owner(s) only after such property owner(s) submit to the City:
(i) a completed application to abandon submitted upon forms
provided by the City, reviewed and accepted by the City as
complete;
(ii) an application fee of $300.00, or as set by the City Manager
or his designee from time to time;
(iii) an appraisal establishing the market value of the easement
or right-of-way as determined by a qualified real estate
appraiser, if the City Manager or his designee certifies that
the appraisal fairly reflects the land value. The appraisal
will be at the expense of the underlying fee simple or
abutting property owner(s). In the event that the City
Manager or his designee does not certifY the appraisal, the
market value will be determined by a qualified real estate
appraiser employed by the City; and
(iv) an abandonment fee paid to the City by certified check,
money order, or some other form of guaranteed payment,
equal to the appraised market value of the easement or
right-of-way.
(b) The City Council shall consider the request for abandonment after
public notice is provided and a public hearing is held.
Requirements for public notice and a public hearing shall be the
same as those public notice and public hearing requirements for
zoning map amendments (rezonings) under the City Unified
Development Ordinance.
(c) If the City Council grants the request to abandon, the ordinance
abandoning the easement or right-of-way will be filed in the
Official Records of Brazos County , Texas. In the event that the
City Council denies the request to abandon, the application fee will
be forfeited, but the abandonment fee will be reimbursed.
(3) Substitution.
(a) Dedication of a substitute easement or right-of-way may be made
in lieu of payment of the abandonment fee if the City Council
finds, after holding a public hearing, that: (I) the value of the
substitute easement or right-of-way is comparable to the value of
the abandoned easement or right-of-way; and (2) the City and all
other public utilities consent to the substitution. To determine the
comparable value, the City Council shall consider the following:
(i) whether the substitute easement or right-of-way is located
on the same property as the abandoned easement or right-
of-way, and is similar in size and scope of use to the
abandoned easement or right-of-way as determined by the
City; or
(ii) a comparison of the appraised market value of the
substitute easement or right-of-way to the appraised market
value of the abandoned easement or right-of-way. If the
substitute easement or right-of-way is not located on the
same property or the City determines that the size or scope
of use of the substitute easement or right-of-way is not
similar to the abandoned easement or right-of-way, then the
underlying fee simple or abutting property owner(s) shall
submit to the City an appraisal establishing the market
value of the substitute easement or right-of-way as
determined by a qualified real estate appraiser, if the City
Manager or his designee certifies that the appraisal fairly
reflects the land value, The appraisal will be at the expense
of the underlying fee simple or abutting property owner(s).
In the event that the City Manager or his designee does not
certify the appraisal, the market value will be determined
by a qualified real estate appraiser employed by the City;
(iii) If, based upon the appraisal required in subsection
(3)(a)(2), the market value of the substitute easement or
right-of-way is less than the market value of the abandoned
easement or right-of-way, the underlying fee simple or
abutting property owner( s) may dedicate the substitute
easement or right-of-way and submit a partial abandonment
fee to the City in the amount equal to the difference
between the market value of the abandoned easement or
right-of-way and the substitute easement or right-of-way.
(b) To request dedication of a substitute easement or right-of-way, at
the time of application and in addition to those items required in
subsection (2), the underlying fee simple or abutting property
owner(s) will submit to the City the following information related
to the substitute easement or right-of-way:
(i) the appraisal if required under subsection (3)(b);
(ii) a metes and bounds description;
(iii) a title report;
(iii) an executed substitute easement on a form provided by the
City, and containing language that conditions the granting
of the substitute easement or right-of-way on approval of
the abandonment; and
(iv) if applicable, the partial abandonment fee.
(c) If the City Council grants the request to abandon and approves the
substitute easement or right-of-way, the substitute easement
instrument and the ordinance abandoning an easement or right-of-
way will be filed in the Official Records of Brazos County, Texas.
In the event that the City Council denies the request to abandon
and the substitute easement or right-of-way, the application fee
will be forfeited, but the partial abandonment fee, if any, will be
reimbursed.
(4) Nothing in this section shall be construed to require the City Council to
abandon an easement or right-of-way or to give any person a vested right
to compel the City to abandon an easement or right-of-way.